2000 : Mah. V]

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. V OF 2000.

THE  MAHARASHTRA  METROPOLITAN  PLANNING

COMMITTEES  (CONSTITUTION  AND  FUNCTIONS)

(CONTINUANCE  OF  PROVISIONS)  ACT,  1999.

(As modified upto the 23rd November 2012)

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  CENTRAL  PRESS,  MUMBAI
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND
PUBLICATIONS,  MAHARASHTRA  STATE,  MUMBAI  400  004

2012

[Price  : Rs.  10.00]

2000 : Mah. V]

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

(i)

THE MAHARASHTRA METROPOLITAN PLANNING COMMITTEES
(CONSTITUTION AND FUNCTIONS)
(CONTINUANCE OF PROVISIONS) ACT, 1999.

PREAMBLE.

SECTIONS.

————————

CONTENTS

CHAPTER I

PRELIMINARY

1.

2.

Short title, extent and commencement.

Definitions.

CHAPTER II

CONSTITUTION AND FUNCTIONS OF THE METROPOLITAN PLANNING COMMITTEE

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Constitution of Metropolitan Planning Committee.

Term of office and filling of casual vacancies.

Removal of members.

Procedure to be followed in discharge of functions.

Proceedings presumed to be good and valid.

Allowance of Chairperson and members.

Functions of Metropolitan Planning Committee.

CHAPTER III

MISCELLANEOUS

Directives by State Government.

Power to formulate guidelines.

Power to make rules.

Amendment of certain enactments.

Power to remove difficulties.

Repeal of Mah. Ord. XXVI of 1999 and saving.

SCHEDULE

H  783—1

2000 : Mah. V]

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

MAHARASHTRA ACT No.  V OF 2000.1

[ THE MAHARASHTRA METROPOLITAN PLANNING COMMTITEES (CONSTITUTION AND
FUNCTIONS) (CONTINUANCE OF PROVISIONS) ACT, 1999. ]

(This Act received the assent of the Governor
on the 6th January 2000 ; assent was first published in the
Maharashtra Government Gazette, Extraordinary, Part IV,
on the 7th January 2000)

An Act to provide for constituting in every Metropolitan area
a Metropolitan Planning Committee to prepare a draft
development plan for the Metropolitan area as a whole; and to
provide for matters connected therewith or incidental thereto.

Mah.
Ord.
XII of
1999.

WHEREAS  the  Governor  of  Maharashtra  had  promulgated  the
Maharashtra  Metropolitan  Planning  Committees  (Constitution  and
Functions) Ordinance, 1999, on the 29th June 1999 (hereinafter referred
to as “ the said Ordinance”);

AND WHEREAS upon the re-assembly of the State Legislature on
the 22nd October 1999, a Bill for converting the said Ordinance into an
Act of the State Legislature could not be introduced in the Maharashtra
Legislative  Assembly  for  want  of  time  as  the  session  of  the  State
Legislature was prorogued on the 23rd October 1999 ;

AND WHEREAS as provided by article 213(2)(a) of the Constitution of
India, the said Ordinance would have ceased to operate after the 3rd
December 1999, the date on which the period of six weeks from the date
of re-assembly of the State Legislature would have expired ;

AND WHEREAS it was considered expedient to continue the operation

of the provisions of the said Ordinance by law ;

AND WHEREAS both Houses of the State Legislature were not in
session and the Governor of Maharashtra was satisfied that circumstances
existed which rendered it necessary for him to take immediate action to
continue the operation of the provisions of the said Ordinance, for the
purposes hereinafter appearing; and therefore, the said Ordinance was
repealed by withdrawal and the Maharashtra Metropolitan Planning
Committees (Constitution and Functions) (Continuance of  Provisions)
Ordinance, 1999, was promulgated with retrospective effect that is, with
effect from the 29th June 1999, on the 2nd December 1999 ;

Mah.
Ord.
XXVI
of
1999.

1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, Extraordinary,

Part VIII, dated the 13-12-1999, p. 855.

(G.C.P.)  H  783—2  (3,342—10–2012)

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Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

[2000 : Mah. V

AND  WHEREAS  it  is  expedient  to  replace  the  Maharashtra
Metropolitan  Planning  Committees  (Constitution  and  Functions)
(Continuance  of  Provisions)  Ordinance,  1999,  by  an  Act  of  the  State
Legislature; It is hereby enacted in the Fiftieth Year of the Republic of
India as follows :—

Mah.
Ord.
XXVI
of
1999.

CHAPTER I

PRELIMINARY

Short title,
extent and
commence-
ment.

1.

(1) This Act may be called the Maharashtra Metropolitan Planning
Committees (Constitution and Functions) (Continuance of Provisions)
Act, 1999.

(2) It extends to the whole of the State of Maharashtra excluding the
Scheduled Areas declared by the President of India, from time to time,
in exercise of the powers conferred by paragraph 6 of the Fifth Schedule
to the Constitution of India.

(3) It shall be deemed to have come into force on the 29th June 1999.

Definitions.

2.

In this Act, unless the context otherwise requires,—

(a) “article” means the article of the Constitution of India ;

(b) “development plan” means the draft development plan prepared
by the Metropolitan Planning Committee under this Act, in consonance
with the provisions of article 243-ZE ;

(c) “ Metropolitan area” means a Metropolitan area as specified by

the Governor under clause (c) of article 243-P ;

(d) “Municipality” means a Municipality as defined in clause (e) of

article 243-P ;

(e) “Panchayat” means a Village Panchayat consituted at the village
level  under  the  Bombay  Village  Panchayats  Act,  1958  and  the
Panchayat Samitis and Zilla Parishads constituted at the intermediate
and  the  District  level  respectively  under  the  Maharashtra  Zilla
Parishads and Panchayat Samitis Act, 1961 ;

Bom. III
of 1959.

Mah. V
of 1962.

(f) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been published;

(g) “prescribed” means prescribed by rules made under this Act.

CHAPTER II

CONSTITUTION AND FUNCTIONS OF THE METROPOLITAN PLANNING COMMITTEE

Constitution
of
Metropolitan
Planning
Committee.

3.

(1) There shall be constituted a Metropolitan Planning Committee
for every Metropolitan area consisting of forty-five members as provided
under  sub-section  (2)  to  prepare  a  draft  development  plan  for  the
Metropolitan area as a whole.

(2)  Every  Metropolitan  Planning  Committee  shall  consist  of  the

following members, namely :—

I. Ex officio Members—

(a)  Principal  Secretary  or  Secretary  to  Government,  Urban

Development Department ;

2000 : Mah. V]

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

3

(b) Divisional Commissioner of the concerned Revenue Division.

II. Nominated Members—

(a) A  person  nominated  by  the  State  Government  as  the

Chairperson ;

(b) Six members nominated by the State Government from amongst
the Municipal Commissioners, Chief Officers of the Municipal Councils,
the Chief Executive Officers of the Special Planning Authorities or
New  Town  Development  Authorities  constituted  under  the
Maharashtra Regional and Town Planning Act, 1966, and members of
any other local authority, operating in the Metropolitan area ;

(c) Two  members  nominated  by  the  State  Government  from
amongst the Members of the Legislative Assembly and the Members
of the Legislative Council, elected from the Metropolitan area ;

(d) Four members nominated by the State Government who have
experience and expertise in urban development, urban infrastructure,
finance, urban transport, environment, industry and trade and urban
community development.

III. Elected Members—

(a) Of the total number of members of the Metropolitan Planning
Committee  not  less  than  two-thirds  shall  be  elected  by,  and  from
amongst, the elected members of the Municipalities and Chairpersons
of the Panchayats in the Metropolitan area in proportion to the ratio
between the population of the Municipalities and of the Panchayats
in that area ;

(b) Members  to  be  elected  under  clause  (a)  to  the  Metropolitan
Planning Committee shall be elected by single transferable vote from
amongst the voters in the electoral college earmarked, for the purpose ;

(c) The election of members shall be conducted in accordance with
the system specified in clause (b), by such authority or officer and in
such manner as may be prescribed ;

(d) If the validity of any election of a member of the Metropolitan
Planning  Committee  is  brought  in  question  by  any  other  member

Mah.
XXXVII
of
1966.

H 783—2a

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Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

[2000 : Mah. V

qualified to vote at the election to which such question refers, it may
be decided by such authority within such period and, after following
such procedure, as may be prescribed.

IV. Special invitees—

The following shall be special permanent invitees at all the meetings
of the Metropolitan Planning Committee and shall have a right to take
part in the deliberations of the meetings of the Committee,—

(a) Five persons to be appointed by the State Government from
amongst  the  Members  of  Parliament  and  the  Members  of  the
Maharashtra State Legislature, elected from, or ordinarily resident
of, the Metropolitan area ;

(b) Chief  Executive  Officers  of  the  Maharashtra Jeevan
Pradhikaran,  Maharashtra  Industrial  Development  Corporation,
Maharashtra Housing and Area Development Authority, Maharashtra
Pollution  Control  Board,  Maharashtra  State  Electricity  Board,
Maharashtra State Road Transport Corporation ;

(c) Director  of    Town  Planning  or  the  Deputy  Director  of  Town

Planning of the respective region ;

(d) Representatives of Government of India organisations such as

Railways, Telephones or Port Trusts, as the case may be.

(3) An officer of the rank not below the rank of  Deputy Secretary to
Government to be nominated by the State Government as the Secretary
of the Metropolitan Planning Committee.

(4) In  the  absence  of  the  Chairperson  at  any  meeting  of  the
Metropolitan  Planning  Committee,  the  members  may  elect  the
Chairperson from amongst themselves to preside over the meeting.

Term of office
and filling of
casual
vacancies.

4.

(1) The term of office of the nominated members shall be such as
may be specified by the State Government while nominating them on
the Metropolitan Planning Committee.

(2) The term of office of the elected members shall be co-terminus

with their tenure in the respective local authority.

2000 : Mah. V]

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

5

(3) Any nominated or elected member may resign his office by writing
under his  hand addressed to  the State Government.  The resignation
shall be effective from the date of its receipt by the Government.

(4) Any casual vacancy arising out of such resignation or for any other
reason such as death or disability of a member shall be filled as early as
possible by nomination or election, as the case may be :

Provided that, the member so nominated or elected shall hold office
for the remainder of the term for which the member in whose place he
is nominated or elected, would have held office.

5. The State Government may, by notification in the Official Gazette,
remove from office a member of the Metropolitan Planning Committee,—

Removal of
members.

(a) if  he  has  any  pecuniary  interest  in  the  schemes  or  works
included in the plans and schemes prepared by the Municipalities or
Panchayats in the Metropolitan area ;

(b) if  he  is  convicted  for  an  offence  involving  moral  turpitude
punishable under the provisions of any law for the time being in force ;
or

(c) if he, upon the trial of election petition, is found guilty of corrupt

practices.

6. The procedure to be followed in discharge of the functions by the
Metropolitan Planning Committee shall be such as may be prescribed.

Procedure to
be followed
in discharge
of functions.

7. No act  or proceeding  of the  Metropolitan Planning  Committee
shall be invalid by reason only of vacancy therein, or any defect in election
or nomination of any member, if  such act or proceeding is otherwise in
accordance with the provisions of this Act.

Proceedings
presumed to
be good and
valid.

8. The Chairperson and other members of the Metropolitan Planning
Committee shall receive such allowances as may be  fixed by the State
Government, from time to time.

Allowance of
Chairperson
and
members.

6

Functions of
Metropolitan
Planning
Committee.

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

[2000 : Mah. V

9. Functions of the Metropolitan Planning Committee shall be as

follows :—

(a) to prepare a draft development plan for the Metropolitan area
having  regard  to  the  plans  prepared  by  the  Municipalities  and
Panchayats in the Metropolitan area ;

(b) to ensure the compliance of the provisions of clause (3) of article

243-ZE ;

(c) to recommend through the Chairperson of Metropolitan Planning
Committee  the  approved  draft  development  plan  to  the  State
Government.

CHAPTER III

MISCELLANEOUS

Directives by
State
Government.

10. The State Government may issue directives, from time to time,
to the Metropolitan Planning Committee with reagrd to the functioning
of the said Committee, or any matter that the State Government deems
fit for taking up with the Committee. On receipt of the directions, the
Committee shall comply with them.

Power to
formulate
guidelines.

11. The  Metropolitan  Planning  Committee  shall  have  powers  to
formulate guidelines for preparation of draft plan, which will be followed
by the Municipalites and Panchayats while formulating their own plans.

Power to
make rules.

12.

(1) The power to make rules under this Act shall be exercised

by the State Government by notification in the Official Gazette.

(2) Every rule made under this Act shall be laid, as soon as may be,
after it is made before each House of the State Legislature, while it is in
session for a total period of thirty days, which may be comprised in one
session or  in two  successive sessions,  and if,  before the  expiry of  the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule, or both Houses
agree that the rule should not be made, and notify such decision in the
Official  Gazette,  the  rule  shall  from  the  date  of  publication  of  such
notification have effect only in such modified form or be of no effect, as
the case may be ; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done or
omitted to be done under that rule.

2000 : Mah. V]

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

7

13. On  and  from  the  commencement  of  this  Act,  the  enactments
mentioned in the Schedule appended to this Act, shall stand amended,
to the extent and in the manner mentioned therein.

Amendment
of certain
enactments.

14.

If any difficulty arises in giving effect to any of the provisions of
this Act, the State Government may, as occasion arises, by order, do
anything, not inconsistent with the provisions of this Act, which appears
to it to be necessary for the purpose of removing the difficulty :

Power to
remove
difficulties.

Provided that, no such order shall be made after the expiry of a period

of two years from the date of commencement of this Act.

Mah.
Ord.
XXVI of
1999.

15.

(1) The  Maharshtra  Metropolitan  Planning  Committees
(Constitution and Functions) (Continuance of Provisions) Ordinance, 1999,
is hereby repealed.

Repeal of
Mah. Ord.
XXVI of 1999
and saving.

(2) Notwithstanding such repeal, anything done or any action taken
(including any notification or order issued) under the said Ordinance,
shall be deemed to have been done, taken or issued, as the case may be,
under the corresponding provisions of this Act.

SCHEDULE
(See section 13)

I. The Maharshtra Regional and Town Planning Act, 1966 (Mah.

XXXVII of 1966).

In section 4 of the said Act, after sub-section (1), the following sub-

seciton shall be inserted, namely :—

“ (1A) Notwithstanding anything contained in sub-section (1), the
provisions of that sub-section shall not be applicable to the Metropolitan
area  as  defined  in  clause  (c)  of  section  2  of  the  Maharashtra
Metropolitan Planning Committees (Constitution and Functions) Act,
1999.”.

Mah.
V of
2000.

II. The Mumbai Metropolitan Region Development Authority Act,

1974 (Mah. IV of 1975).

(a) In section 2 of the said Act, to clause (f), the following proviso

shall be added, namely :—

“ Provided that, the Regional plan shall also mean the development
plan prepared by the Metropolitan Planning Committee under the
provisions  of  the  Maharshtra  Metropolitan  Planning  Committees
(Constitution and Functions) Act, 1999 ;”;

Mah.
V of
2000.

8

Maharashtra Metropolitan Planning Committees
(Constitution and Functions) (Continuance of Provisions) Act, 1999

[2000 : Mah. V

 (b) In section 12 of the said Act, for sub-section (2), the following

sub-section shall be substituted, namely :—

“(2) Notwithstanding anything contained in this Act or any other
law  for  the  time  being  in  force,  the  Authority  shall  assist  the
Metropolitan Planning Committee, constituted under the Maharashtra
Metropolitan Planning Committees (Constitution and Functions) Act,
1999, in preparation of development plan under that Act.”.

Mah.
V of
2000.

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[1976  :  Mah.  III

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